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应当

English translation: shall

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:应当
English translation:shall
Entered by: orientalhorizon
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16:14 Sep 18, 2007
Chinese to English translations [PRO]
Law/Patents - Law (general)
Chinese term or phrase: 应当
I am wondering if 应当 ("should") has the same legal force as 必需的 ("is required to") in Chinese law. If the law states that a person 应当 do something, does that have the same legal effect as 必需的?If not, then does 应当have any legal binding effect or is it just ambiguous wording? Thank you so much.
canby1
Local time: 13:00
shall
Explanation:
In Chinese law, 应当 imposes some obligations on people, so if the law provides that someone 应当 so and so, it means that he is required by law to do something, otherwise he may be subject to punishment, at least reprimand. If parties to a contract agree that one party 应当 so and so, then some liabilities are imposed on this party, if he fails to fulfill them, he would breach the agreement and may be liable for damages or fines. The acedemics in China may disagree on the use of this phrase, but for now more would agree that it imposes obligations or liabilities which is mandatory to fulfill. When I passed the bar exam in China, most legal books I read held this way, and it's still the case now.
Selected response from:

orientalhorizon
Local time: 01:00
Grading comment
Thanks so much!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +8shall
orientalhorizon
3 -1should, ought toVeronica Lombardi


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
should, ought to


Explanation:
I hope my understanding could be of help. 必要 has the sense of must: it is a duty you must fulfil, strong legal binding effect, if you are told that you biyao do something, than what you-re prescribed to do is 不可缺少的,非这样不可. 应当 is less compelling, but still has a legal binding effect; it can be translated into shall, should, ought to, indicating a kind of duty that doesn't need to be prescribed with the same emphasis of biyao, because fulfilling it is in the contextual interest of the subject, or because fulfilling it is the natural consequence of another action (I also suppose this - but it's me: you 必要 do x, and doing x naturally involves the steps y and z, so to reach the x result you 应当 do y and z) . To feel the difference, think about the difference between the 4 carachters, and the way they match in biyao and yingdang.

Veronica Lombardi
Italy
Local time: 19:00
Works in field
Native speaker of: Native in ItalianItalian

Peer comments on this answer (and responses from the answerer)
disagree  Shang: 法律条文都是“必须”遵守的,应该用shall
11 hrs
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9 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +8
shall


Explanation:
In Chinese law, 应当 imposes some obligations on people, so if the law provides that someone 应当 so and so, it means that he is required by law to do something, otherwise he may be subject to punishment, at least reprimand. If parties to a contract agree that one party 应当 so and so, then some liabilities are imposed on this party, if he fails to fulfill them, he would breach the agreement and may be liable for damages or fines. The acedemics in China may disagree on the use of this phrase, but for now more would agree that it imposes obligations or liabilities which is mandatory to fulfill. When I passed the bar exam in China, most legal books I read held this way, and it's still the case now.

orientalhorizon
Local time: 01:00
Native speaker of: Native in ChineseChinese
PRO pts in category: 57
Grading comment
Thanks so much!

Peer comments on this answer (and responses from the answerer)
agree  ysun
50 mins
  -> thanks a lot!

agree  Shang
2 hrs
  -> thanks a lot!

agree  J.H. Wang
2 hrs
  -> thanks a lot!

agree  Shirley Lao
11 hrs
  -> thanks a lot!

agree  Yang Min
11 hrs
  -> thanks a lot!

agree  Raymond Chu
12 hrs
  -> thanks a lot!

agree  Darren Wright: in the legal contracts i've translated, "必须/必要" is rarely used. i've seen 应当 used to have the same meaning and denotes a stronger meaning than in 口语.
12 hrs
  -> you got it. nearly always use ”应当/应该“ in contracts, but sometimes "必须/须“ ARE indeed used. Thanks a lot!

agree  LoyalTrans
1 day9 mins
  -> thanks a lot!
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Changes made by editors
Sep 27, 2007 - Changes made by orientalhorizon:
Created KOG entryKudoZ term » KOG term


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